Can I File a Wrongful Death Claim Against My Family Member's Employer?

 Posted on June 17, 2026 in Wrongful Death

Workers’ compensation allows for compensation without having to prove the employer was at fault. This can streamline the legal process for receiving workers’ compensation death benefits. However, it often eliminates the option for a wrongful death suit directly against an employer.

There may be other options. If you’ve recently suffered the death of a family member due to a work-related accident, you may be able to sue any third parties that were involved.

You and your family deserve to understand all your options for compensation in 2026. A Cook County, IL wrongful death lawyer at Barrington Injury Attorneys can help.

Why Can’t I Sue My Family Member's Employer After a Workplace Death in Illinois?

Illinois workers' compensation law generally blocks most lawsuits directly against an employer (820 ILCS 305/5(a)). This is known as the "exclusive remedy" rule and includes suits for work-related deaths.

With workers' compensation, the family can receive death benefits without having to go to court. These death benefits can include things like burial costs and ongoing payments to surviving dependents. While these are valuable benefits, whether the employer's negligence contributed to the death is rarely factored in.

When Can You File a Wrongful Death Claim Against an Employer in Illinois?

There are a few situations where the exclusive remedy rule doesn't apply. Then, a wrongful death claim against the employer becomes possible. Situations where a civil claim may be viable include:

• The employer intentionally caused the harm, or else they commanded or expressly authorized it.

• The injury wasn't truly work-related or didn't arise out of the job.

• The employer didn't carry the workers' compensation insurance Illinois law requires.

When one of these exceptions applies, the deceased person's personal representative may be able to bring a claim under the Illinois Wrongful Death Act (740 ILCS 180/). A successful claim can recover damages for the losses suffered by the surviving spouse and next of kin.

Because these exceptions are so fact-specific, an attorney should review your case and help you understand if you have a claim before you proceed.

Who Can Be Held Responsible for an Illinois Workplace Death Besides an Employer?

Even when you can't sue the employer, you may be able to pursue a claim against a third party whose negligence contributed to the death.  A third party is any person or company other than the employer or a co-worker. Third parties who may share responsibility include:

• A manufacturer of defective equipment or machinery that led to the death

• A negligent driver who caused a fatal wreck

• A contractor or subcontractor who created a hazard on a shared job site

• A property owner who failed to keep the premises safe

These claims can offer compensation for a grieving family in addition to workers’ compensation death benefits. That civil claim can seek damages that workers' comp doesn't cover. This may include the family's grief, loss of companionship, and the financial impact of losing the deceased.

What Should I Do If a Family Member Dies on the Job in Illinois?

Make sure the death is reported to the employer and a workers' compensation claim is started so your family's benefits aren't delayed. Illinois law generally requires that workers’ comp claims be reported within 45 days of the incident.

Keep copies of any accident reports, medical records, and correspondence. If you have equipment in your possession that was involved in the accident, make sure to keep it in case a third-party claim is an option of a third-party claim. Avoid signing releases or accepting a quick settlement from an insurer before you understand the full value of what your family is owed.

A wrongful death claim in Illinois generally must be filed within two years of the date of death, though some claims have shorter notice requirements.

Call a Barrington, IL Wrongful Death Lawyer Today

Losing a family member at work is emotionally devastating and can incur severe financial hardship.  Our team of Cook County, IL wrongful death attorneys works with families to pursue every available source of compensation.

Call Barrington Injury Attorneys at 224-900-HURT today to discuss your options. We offer free consultations.